Challenges Posed by Emerging Forms of Crime that Have a Significant
Impact on the Environment and Ways to Deal with it Effectively
This report1 is prepared by the members of Criminologists Without Borders, a scientific collaboration
between criminologists and criminal justice practitioners around the world, with assistance from a UN
representative of the International Sociological Association. The report primarily summarizes recent
research published in scientific journals that are generally accessible to academia only. The report does
not include empirical studies published by TRAFFIC and other wildlife monitoring organizations, as
these are largely accessible to the public. The research selected for the current report focuses on illegal
wildlife crime, illegal logging and IUU (illegal, unreported and unregulated) fishing issues, although
synopses of other environmental crimes are also provided. Each synopsis includes a description of the
problem followed by policy recommendations of the authors.
Knowns and Policy Recommendations
Illegal Trade in Wildlife
o
o
Despite the significant declines in the numbers of iconic species in the wild, the illegal trade persists. In
order to get to the core of the problem, policies must be devised to interrupt the supply and demand chain.
Most current laws in place are either ineffective or countries lack resources to enforce these laws.
Most countries do not have the necessary data collection mechanisms in place. In order for researchers to
assess the extent of the problem, i.e. its trends and patterns, as well as actors involved, countries must be
mandated to systematically collect such data and share it on an international platform. Such data must
also be available to researchers upon request.
1
This report was drafted by Gohar A. Petrossian, Ph.D., John Jay College of Criminal Justice, New York,
USA. Contributors: Jay Albanese, Ph.D.; Rosemary Barberet, Ph.D.; Laura Negredo Lopez, M.A..;
Natasha Pushkarna, Ph.D. Candidate; Giorgio Ravagli, M.A.; Anamika Twyman-Ghoshal, Ph.D.; Tanya
Wyatt, Ph.D.
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o
Extensive trade exists in currently unprotected species. Their survival in the wild may be threatened if
current laws are not extended to include these species.
Illegal Logging and Trade in Timber
o
Illegal logging and trade is a multi-step process. Laws must focus on each step of this operation since
each step calls for a different response in terms of regulation, identification, interdiction and disruption.
Attention must be particularly focused on the investigation of tax fraud, corruption and anti-laundering,
and investigations must focus on logging companies, plantations, and mills.
IUU Fishing
o
o
o
o
Countries suffer from IUU due to weak fisheries monitoring, control and surveillance measures in place.
To ensure sustainable harvesting of marine resources, countries must strengthen these measures
Flags of convenience (FOCs) and ports of convenience (POCs) are significant facilitators of IUU fishing.
More research must be conducted in order to identify the extent to which these FOCs and POCs
contribute to the problem.
Formal surveillance of territorial waters in the form of patrol vessels can significantly reduce IUU fishing
activities. Countries should consider investing in these measures, or increase their formal surveillance
capacity.
Fishers engage in a cost/benefit analysis when engaging in IUU fishing. Therefore, penalties must be
increased as to counter the financial gains from such activities.
Other Environmental Crimes
o
o
o
Countries suffer from different types of environmental crimes that not only significantly affect the
environment, but also threaten local resource-based livelihoods of millions of people. Countries must
identify the environmental crimes prevalent within their region and regulate these crimes by way of new
laws and enforcement strategies.
There is great shortage of environmental inspectors in most countries. Countries must make a greater
effort in recruiting and training such personnel.
Data gathering and sharing on environmental crime problems is largely absent or inefficient. The
international community must encourage such efforts.
Unknowns
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Illegal international trade in wildlife. We do not have a quantitative knowledge of the species trafficked
nor do we know the extent to which organized crime is involved; the links between the illegal wildlife
trade and other illegal activity; and the role that traditional medicine markets play in the illegal harvesting
of species.
International IUU fishing. We do not know which marine species are most vulnerable to IUU fishing and
at present have not quantified the true geographic concentrations of IUU fishing. Further, we do not
know the extent to which POCs and FOCs contribute to the problem.
Illegal international trafficking in precious metals. We do not know the primary source and destination
countries, as well as actors is involved; what links exist between trafficking in precious metals and other
forms of illegal activity.
Illegal international trade in electronic waste. At present we do not know the international extent of this
trade. Further, we do not know the major source and destination countries where most of illegal trade in
electronic waste occurs, nor do we know the international trade routes.
Illegal international shipbreaking (i.e. moving ships from Western nations to countries with fewer
regulations on dismantling). We do not know how successful the international organizations dealing with
the problem (e.g. The Marine Environment Protection Committee of the International Maritime
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Organization) are; how well shipbreaking is regulated; or how its human and environmental impacts are
controlled in countries where this practice is becoming a serious environmental problem.
The victims of environmental crime. There is no clear classification system for the victims of
environmental crime. Should we classify them by the nature of the harm, scope of the harm, extent of the
damage to the environment? What are the global and local victimization patterns?
ILLEGAL TRADE IN WILDLIFE
GLOBAL. WWF / Dalberg (2012). Fighting Illicit Wildlife Trafficking: A consultation with
Governments. WWF International, Gland, Switzerland. Available at
http://awsassets.panda.org/downloads/wwffightingillicitwildlifetrafficking_lr_1.pdf
“The current global approach to fighting illicit wildlife trafficking is failing, contributing to the instability
of society and threatening the existence of some illegally traded species. Governments are in agreement
that illicit wildlife trafficking : (1) compromises the security of countries, (2) hinders sustainable social
and economic development, (3) destroys natural wealth, (4) poses risks to global health.To be successful,
the approach to fighting illicit widllife trafficking needs to get to the core of the issue, changing the
behavior of those people who demand, supply and otherwise profit from illicit wildlife trafficking.”
CHINA. Van Rooij, B., Fryxell, G. E., Lo, CWH and Wei Wang. (2012). From Support to
Pressure: The Dynamics of Social and Governmental Influences of Environmental Law
Enforcement in Guangzhou City, China. Regulations & Governance, 1-27.
“中文:
在中国过去十年中，环境保护之公众协力与政府支援有比例上的重大改变。本研究尝试分析2000
年至2006年间，广州环境执法官员对环境保护执法的效率与重要性之观感调查。於
2000年初期，环境保护执法多有赖政府支援，但至2006年，公众协力却比政府扮演更重要的角。
在现今中国权力下放（decentralization）的环境保护体制下，考虑到公众协力对
环境保护执法的实质贡献，由政府宣导公众协力或可弥补制度上之不足” [This study examines how
social and governmental support for environmental protection has changed during the past decade in
China. A longitudinal survey regarding perceived effectiveness of enforcement among environmental
enforcement officials in Guangzhou was conducted in 2000 and 2006. The researchers found that initially
in 2000 political support played a more significant role in aiding enforcement, but by 2006 social support
significantly bolstered enforcement where government support was low. This research can greatly inform
policy discussions regarding China’s approach to policing environmental crime, as it reveals how a
decentralized system of regulation can work when aided by strong public support.]
ITALY. Legambiente (2012). Ecomafia 2012: Le Storie e i Numeri Della Criminalità
Ambientale. Edizioni Ambiente. [Accounts and Numbers on Environmental Crime]
“Continuano a crescere, anche nel 2011, i numeri relativi ai fenomeni d’illegalità ambientale nel nostro
paese. L’analisi dei dati disaggregati per aree geografiche conferma la particolare concentrazione dei
fenomeni d’illegalità ambientale nelle regioni a tradizionale presenza mafiosa (Campania, Puglia,
Calabria e Sicilia), con 16.116 illeciti accertati, 2.348 in più rispetto al 2010, pari al 47.7% del totale
nazionale.” [2011 confirms a significant increase in the amount of environmental crime in Italy. An
analysis of disaggregated territorial data confirms the concentration of environmental crime in those
Italian regions typically associated to mafia (Campania, Puglia, Calabria, and Sicily). In 2011 these areas
registered a total of 16,116 environmental misconducts, which reportedly is 2,348 more than the previous
year, and account for the 47.7% of the total illicit environmental acts.]
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COLOMBIA. Mancera, N. & Reyes, O. (2008). Comercio de Fauna Silvestre en Colombia.
Rev.Fac.Nal.Agr.Madellín, 61(2), pp. 4618-4645. [Wildlife Trade in Colombia].
“En Colombia, el comercio de especies de fauna silvestre está centrado principalmente en la extracción de
ejemplares de forma ilegal. Se deben adoptar con prontitud acciones eficaces para proteger la fauna
silvestre colombiana, aplicar sanciones penales y administrativas a quienes infrinjan las normas que
regulan su administración y uso, así como incentivar el desarrollo de investigaciones científicas que
permitan generar estrategias de uso y manejo sostenible de este recurso.” [“In Colombia, the trade of
wildlife species is mainly the extraction of individual species for the illegal trade. Efficient action should
be undertaken quickly to protect Colombian wildlife, to apply criminal and administrative sanctions to
those who violate the laws that regulate their administration and use, as well as to incentivize the
development of scientific research that enables the elaboration of sustainable management strategies of
this resource.”]
GREECE. Bell, S., Hampshire, K., Topalidou, S. (2007). The Political Culture of Poaching:
A Case Study From Northern Greece. Biodiversity and Conservation, 16, 399-418.
“In Kerkini, there is a strong consensus among all parties that the fishery can no longer provide a reliable
livelihood. In this context, poachers and enforcers believe, that what they do makes little difference in the
face of lack of control over wider decisions with more serious impacts on local environment and
livelihoods. It is also because of this sense of helplessness that certain forms of poaching become
particularly vilified. [However], people appear willing to act and to support actions against types of
poaching they agree to be threatening.”
BRAZIL. Gaspari, J.L., Floeter, S.R., Ferreira, C.E.L. & Sazima, I. (2005). Marine
Ornamental Trade in Brazil. Biodiversity and Conservation, 14, pp. 2883-2899.
“Brazil is one of the five exporting countries of tropical aquarium fishes in the world. There are no
specific laws directed to the marine ornamental harvesting in Brazil, and such laws are needed to improve
domestic fishery law enforcement, as well as to prevent illegal trade. The following are suggested: (1)
limit the number of licensed collectors and dealers; (2) give priority to threat assessment of species
subject to trade; (3) establish species-based quotas; (4) set size limits; (5) promote adequate collection
methods and storage through the use of quality certifications; (6) protect rare or key species; (7) require
monthly reports by the dealers; (8) produce an illustrated guide of the most harvested species that would
help officers and custom inspectors to recognize and monitor the trade.”
MYANMAR. Shepherd, C.R. & Nijman, V. (2008). The Trade in Bear Parts from
Myanmar: an Illustration of the Ineffectiveness of Enforcement of International Wildlife Trade
Regulations. Biodiversity and Conservation, 17, pp. 35-42.
“Legal (international) trade in bears or bear parts from Myanmar is virtually non-existent, and the
observed trade in bear parts strongly indicates a serious lack of enforcement effort. International trade in
bear parts from Myanmar is significant, and open, and we conclude that the enforcement of wildlife trade
regulations, at least when they concern bear species, have by and large failed.”
MEXICO. Arroyo-Quiroz, I., Pérez-Gil, R. and Leader-Williams, N. (2007). Mexico in the
International Reptile Skin Trade: A Case Study. Biodiversity and Conservation, 16, pp. 931-952.
“Mexico is a key player in the international trade in reptile skins. The U.S. is by far the most important
consumer of reptile skins and skin products exported or re-exported from Mexico. The present status of
reptile species in Mexico is of serious concern. Mexico suffers from an active illegal trade in reptile skins
and little is known about the legal utilization of reptile skins by the Mexican leather industry.”
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VIETNAM. Nguyen, V.S. (2008). Wildlife Trading in Vietnam: Situation, Causes, and
Solutions. The Journal of Environment and Development, 17(2), pp. 145-165.
“Vietnam’s illegal trade in wildlife continues unabated and affects neighboring countries. To achieve a
significant reduction, the following are suggested: (a) strengthen the implementation of penalties and
enhance monitoring and enforcement capacity; (b) increase the level of training, manpower, funding, and
equipment for checkpoints and patrol forces; (c) use incentives for the regulators, patrol officers, and
informants to intensify efforts against illegal wildlife trading; (d) pay more attention to wildlife meat
restaurants in domestic markets and the border between Vietnam and China; (e) use education and
information campaigns to influence the wildlife eating and drinking culture of the Vietnamese people; (f)
strengthen cross-border cooperation between Laos, Cambodia, Vietnam, and China on local, regional, and
international levels to reduce the problem; and (g) use wildlife farming/culture as one way to reduce
prices of wildlife products.”
BOLIVIA. Pires, S.F. & Clarke, R.V. (2011). Sequential Foraging, Itinerant Fences and
Parrot Poaching in Bolivia. British Journal of Criminology, 51, pp. 314-335.
“Species commonly found in [illegal pet] markets are more enjoyable pets, are more abundant in the wild
and more accessible to humans. It is concluded that opportunistic villagers are responsible for most parrot
poaching in Bolivia. The usual remedies for poaching – increased penalties, more enforcement and more
protected areas- are likely to be of limited effectiveness. [Instead], use situational crime prevention
measures focused on the most poached species, engage the cooperation of villagers in reducing the
problem. One way to achieve this is to stimulate pride in a region’s rare parrots [and] engage local
populations in conservation by seeking to replace the illegal trade in parrots with a carefully regulated
trade that yields revenue for local people.”
TANZANIA. Moro, M., Fischer, A., Czajkowski, M., Brennan, D., Lowassa, A., Naiman,
L.C. & Hanley, N. (2012). An Investigation Using the Choice Experiment Method Into Options for
Reducing Illegal Bushmeat Hunting in Western Serengeti. Conservation Letters, 6(1), pp. 37-45.
“Particularly increases in cattle or wages, but also improved access to markets or microcredit, would all
reduce illegal [bushmeat] hunting, in that households could reduce hunting activity with no decrease in
well-being levels. Current policies on reducing illegal bushmeat hunting in the Serengeti include
improved law enforcement, the establishment of wildlife management areas, conservation awareness
campaigns, and the provision of benefits to communities by the national park authority.”
ENGLAND and WALES. Enticott, G. (2010). Techniques of Neutralizing Wildlife Crime
in Rural England and Wales. The Centre for Business Relationships, Accountability, Sustainability
and Society. Working Paper Series No. 61.
“Farmers deploy a range of neutralization techniques to justify the illegal culling of badgers. They
rationalize this activity in a number of ways: they defend it as necessary, deny there are victims or the
necessity of the law, condemn conservationists, and appeal to the value of preserving local communities.
The problem of illegal wildlife crime should not continue to be ignored by rural scholars or policy
makers.”
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ILLEGAL LOGGING AND TRADE IN TIMBER
GLOBAL. Nellemann, C., & INTERPOL Environmental Crime Programme (2012).
Green Carbon, Black Trade: Illegal Logging, Tax Fraud and Laundering in the World’s Tropical
Forests. A Rapid Response Assessment. United Nations Environment Programme. Available at
http://www.unep.org/pdf/RRAlogging_english_scr.pdf
“Most illegal logging takes place in the tropical forests of the Amazon basin, Central Africa, and
Southeast Asia. More than thirty ways of conducting illegal logging, laundering, selling and trading of
illegal logs are identified that pertain to falsification of logging permits, bribes to obtain logging permits,
hacking of government websites to obtain transport permits, mixing illegally harvested timber with legal
timber and so on. International efforts should be focused on increasing the probability of apprehending
illegal logging syndicates and their networks. Attention needs to be particularly focused on the
investigation of tax fraud, corruption and anti-laundering, including substantially increasing the
investigative and operational capacity of national task forces working with INTERPOL against logging
companies, plantations, and mills.”
MADAGASCAR. Randriamalala, H., Rasarely, E., Ratsimbazafy, J., Brizzi, A., Ballet, J.,
Razakamanarina, N., Ratsifandrihamanana, N., & Schuurman, D. (2011). Stocks de bois précieux
de Madagascar – quelle voie emprunter? Madagascar Conservation & Development, 6(2), pp. 88-96.
“Après avoir culminé en 2009 et 2010, l’exploitation de bois de rose a ralenti suite à une interdiction
d’exploitation adoptée par le gouvernement de transition de Madagascar (HAT) en réponse à la pression
international croissante se référant au trafic illégal de bois de rose. Le principal de ces bois précieux
illégaux était destiné à la Chine. À la suite de l’interdiction d’exportation, un volume conséquent de bois
de rose est à présent stocké dans les villages et les ports le long de la côte nord-est de Madagascar. Pour le
moment il n’existe aucune estimation précise du volume de bois précieux exploités sous un permis (et à
l’extérieur des limites des aires protégées) ou de manière illégal à l’intérieur des limites des aires
protégées.” [“After peaking in 2009 and 2010, rosewood logging has slowed due to an export ban enacted
by Madagascar’s transitional government (HAT) in response to growing international pressure over the
illegal traffic of rosewood. Most of the illegally sourced rosewood was destined for China. Currently,
there is no clear picture of how much of the rosewood is being harvested with permits (i.e., from
protected areas) or illegally from within protected areas.”]
CAMBODIA. Wyatt, T. (2012). From the Cardamom Mountains of Southwest Cambodia
to the Forests of the World: An Exploration of the Illegal Charcoal Trade. International Journal of
Comparative and Applied Criminal Justice, iFirst, 2012, pp 1-15.
“Charcoal is continuing to be produced illegally in Cambodia despite its criminalization and regulation.
There are ways to combat the extent of charcoal production and trade. Programs and training to provide or
teach people to make better kilns will decrease the amount of wood needed to produce the charcoal, thus
helping to curb the scale of deforestation. Household waste and carbon-based debris from agriculture can
be used as the source of charcoal, instead of freshly cut wood. Modern technologies, such as solar and
wind power would be ideal alternatives for areas that have depleted their natural resources.”
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ILLEGAL, UNREGULATED AND UNREPORTED (IUU) FISHING
GLOBAL. Petrossian, G. A. (2012). The Decision to Engage in Illegal Fishing: An
Examination of Situational Factors in 54 Countries. Rutgers University-Newark, School of Criminal
Justice. Doctoral Dissertation.
“Illegal fishing is a significant problem that has largely affected coastal countries and important fishing
nations globally. This report analyzes situational factors that facilitate, as well as curb such activities in 54
countries. The findings suggest that resource attractiveness (in the form of the availability of highly
commercial species within the territorial waters of the country) and access to an easy escape route (i.e.
ports of convenience) are significant factors facilitating the IUU activities within the countries’ territorial
waters. Meanwhile, strong formal surveillance (number of patrol boats), as well as sound fisheries
management efforts (such as observer programs, catch inspection programs, programs that control access)
can significantly curb such activities within countries’ territorial waters.”
NIGERIA & GHANA. Falaye, A. (2008) Illegal unreported unregulated (IUU)
fishing in West Africa (Nigeria & Ghana). London: MRAG, Available at:
http://www.mrag.co.uk/Documents/IUU_WestAfrica.pdf
“A major contributing factor to the inability to challenge the illegal activities by foreign private fishing
vessels is the lack of adequate monitoring, control and surveillance measures with regards to both
equipment and management systems in both countries. While Nigeria suffered from the lack of such
necessary platforms as patrol boats, aircraft and vessel monitoring systems to monitor its waters, Ghana
lacked the capacity to enforce local laws that applied to foreign vessels. Moreover, the weak monitoring,
control and surveillance measures, coupled with inadequate fisheries laws and regulations make it
difficult for the countries to control illegal fishing practices by foreign vessels in their waters.”
AUSTRALIA. Putt, J. and Anderson, K. (2007). A national study of crime in the Australian
fishing industry. Australian Government, Australian Institute of Criminology. Research and Public
Policy Series, No. 76. http://www.aic.gov.au/publications/current%20series/rpp/61-80/rpp76.html
“The increase in value of certain fish stocks, especially those that had lucrative overseas markets, such as
rock lobsters, abalones and sharks, is among the potential vulnerabilities of the fishing sector. Other
contributing factors included the prevalence of many small-scale illegal business ventures, which are
pressured by the competition from seafood imports into the country. The involvement of organized
criminal groups that have significant financial resources, are willing and capable of using violence and
have large distribution networks both domestically and internationally, add to the complexity of dealing
with the problem in the region, and significantly hinder the effective enforcement of fisheries
management and regulation mechanisms in the country.”
INDONESIA. Varkey, D.A., Ainsworth, C.H., Pitcher, T.J, Goram, Y. & Sumaila, R.
(2010). Illegal, unreported and unregulated fisheries catch in Raja Ampat Regency, Eastern
Indonesia. Marine Policy, 34, pp. 228-236.
“The prevalence of illegal fishing activities in Raja Ampat Regency, Eastern Indonesia, can be explained
by the availability of important and abundant resources. Ambiguity of the laws governing fishing of the
resources in the region pertaining to subsistence and traditional fishing vessels make it difficult to deal
with the problem, and contribute to not only the overfishing of these resources by large local and foreign
vessels, but also to the overexploitation and under-reporting by small-scale vessels. While the indigenous
people in the region were previously engaged in subsistence fishing allowable by law, they are
increasingly integrating into the cash economy and have moved away from subsistence to commercial
exploitation.”
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JAPAN. Clarke, S. (2007). Illegal fishing in the Exclusive Economic Zone of Japan. Marine
MRAG, Ltd. London, UK. Available at www.mrag.co.uk/Documents/IUU_Japan.pdf
“An analysis of illegal fishing incidents, as well as estimates of illegal catch within Japanese waters,
found that Japan does not suffer from illegal fishing activities by either local or foreign vessels. The
report finds that this could be due to the country’s strong enforcement programs, such as investment in
surveillance technologies and patrol vessels, as well as efforts to increase the penalties for illegal fishing
offenses. Lastly, improved international relations on fisheries issues, namely improved consultations
between Japan and China, and Japan and Korea are believed to have resulted in a decline in violations.”
UNITED STATES. King, D.M. & Sutinen, J.G. (2010). Rational noncompliance and the
liquidation of Northeast groundfish resources. Marine Policy, 34, pp. 7-21.
“Benefits of fishing illegally far exceed the costs. Illegal fishing activities within the region are prevalent,
with at least 12-24% of the resources harvested illegally. Fishers have little incentive not to fish illegally.
The expected illegal earnings per trip are approximately $5,500, and the expected cost for a violation is
$1,166, and this leaves the fishers with an earned income of $4,334 per trip if they are caught fishing
illegally. Moreover, only 32.5% of the illegal fishing activities are detected, of which only 33.1% resulted
in a prosecution and a subsequent penalty.”
OTHER ENVIRONMENTAL CRIMES
BURMA. The Burma Environmental Working Group (2011). Burma’s Environment:
People, Problems, Policies. Available at www.bewg.org/pubs/finish/4/34
“Burma is currently facing many threats, such as construction of large dams, oil and gas extraction,
mining, deforestation, large-scale agricultural concessions and illegal wildlife trade. The majority of
Burma’s income comes from selling off natural resources. Investment comes from countries within the
region. These resource-extractive investments damage the environment and threaten local resource-based
livelihoods, particularly in ethnic areas. Burma must have a sound policy framework for environmental
protection and sustainable development that enables citizens to take part in decision making about their
own development, and ensure responsible private sector investment.”
ETHIOPIA. Mwebaza, R., Mwanika, P.N & Wonndemagegnehu, W.S. (2009).
Environmental Crimes in Ethiopia. Situation Report. Institute for Security Studies. Available at
http://www.mercury.ethz.ch/serviceengine/Files/ISN/...be7e.../July+2009.pdf
“Crimes relating to pollution and illegal dumping are more prevalent than is to be expected in Ethiopia,
and include chemical smoke emissions, dynamite blasting near residential areas, release of pollutants to
nearby streams, illegal dumping of construction materials, the releasing of suspended particulates into the
air, and inappropriate chemical utilization by large enterprises. A shortage of environmental inspectors is
identified as one of the key difficulties in enforcing environmental legislation in Ethiopia, coupled with
the lack of equipment to detect and poor environmental crime tracking tools.”
EUROPEAN UNION. BfU/Max-Planck-Institute for Foreign and International Criminal
Law (2003). Organized environmental crime in the EU Member States. Final Report. Available at
http://ec.europa.eu/environment/legal/crime/pdf/organised_member_states.pdf
“Approximately 73% of the researched cases show involvement of corporations and corporate-like
structures in environmental crimes. Penalties for environmental crime are relatively low. In some Member
States this especially affects the ability of the enforcement authorities to use appropriate investigative
technique. The following are proposed: (1) harmonize environmental criminal law and integrate
environmental law into organized crime legislation, (2) establish a system of liaison officers which could
be established in administrative bodies and law enforcement agencies to efficiently organize cooperation
on national and international levels, (3) harmonize environmental administrative laws and methods.”
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